Kenyan case law
-
Caliph properties limited v Barbel Sharma & another [2015] KEELC 748 (KLR)
✦ The Court dismisses the Application with costs to the Defendants.
-
Peter Muteru Kimamo & 3 others v Mukoe Estate Limited [2015] KEELC 747 (KLR)
✦ The two suits are distinct and do not involve the same subject matter or parties. The courts before which the two suits are being heard do have the necessary jurisdiction to determine them.
-
Mercy Njeri Mwangi v Peter Mwangi Muchoki & another [2015] KEELC 749 (KLR)
✦ The sale of the plot was void due to lack of consent from the plaintiff, and the 2nd defendant is found to be a trespasser. The plaintiff is awarded half share of the plot, general damages, and lost income.
-
Daughlas Mugambi Eliphas & another v Yvonne Fairgrieve Ennion & another [2015] KEELC 528 (KLR)
✦ The Plaintiffs failed to prove their claim of adverse possession and the suit is dismissed.
-
Jane Wainoi Gathutwa & another v Grace Kaguu Marua & another [2015] KEELC 530 (KLR)
✦ The appeal is dismissed with costs as the dispute was previously decided in the High Court and is res judicata.
-
Leonard Roipa Rorian Pasha v Elijah Tiende Ole Kula & 3 others [2015] KEELC 775 (KLR)
✦ The court sets aside the Land Registrar's report and orders a new investigation by a different Land Registrar and District Surveyor
-
Danson Ndegwa (Suing as the Chairman of Jacob Chege drive neighbours association) v Raphaela Anselmina Ruggieri & 2 others [2015] KEELC 779 (KLR)
✦ The court declines to grant the orders sought in the plaintiffs notice of motion and directs that each party shall bear their own costs of all the application.
-
Lydia Wathanu Maina & another v Irungu Karuku [2015] KEELC 547 (KLR)
✦ The suit property did not form part of the free estate of the deceased at the time of his death, and the doctrine of res judicata does not apply to succession proceedings.
-
Kariuki Njuguna & 17 Others v Ngatho Kairu & 2 Others [2015] KEELC 487 (KLR)
✦ The taxation of costs was not erroneous and the application is without merit. The taxed costs shall be paid together with interest from the date of taxation.
-
Mahadia Wanjiru Issa & another v Harrison Kinuthia Mbugua & 5 others [2015] KEELC 486 (KLR)
✦ The Court dismissed the application to strike out the amended plaint and dismissed the suit against the 1st, 4th, and 6th Defendants.
-
Kenya Construction Consortium Limited v Nairobi City County (Environment and Land Case Civil Suit 914 of 2014) [2015] KEELC 856 (KLR) (24 March 2015) (Judgment)
✦ The plaintiff's suit is dismissed with no order as to costs.
-
John Ndungu Mbugua v Leah W. Muchohi (sued as the legal representative of the estate of Muchohi Gikonyo-Deceased) [2015] KEELC 583 (KLR)
✦ The Court found that the Plaintiff's suit is not res judicata, the Plaintiff has acquired title to the suit property by adverse possession, and the Defendant was not time barred from executing the judgment. The Plaintiff is entitled to the remedies sought.
-
Kwame Kariuki & another v Mohamed Hassan Ali Alimohamed Janmohamed & 2 others [2015] KEELC 580 (KLR)
✦ The suit is dismissed as against the Interested Party
-
Makanga v Githui (Environment & Land Case 546 of 2014) [2015] KEELC 845 (KLR) (23 March 2015) (Ruling)
✦ The court held that the plaintiff failed to prove that the circumstances currently obtaining as concerns the suit property were lawfully caused.
-
Peter Karong’a Kuria v Margaret Wairimu Kimani [2015] KEELC 561 (KLR)
✦ The defendant must give vacant possession of the suit property within 30 days, failure to which she will be evicted. The plaintiff is not entitled to mesne profits. The plaintiff is entitled to costs of the suit.
-
Muhamed v Ali (Environment and Land Case Application 9 of 2014) [2015] KEELC 579 (KLR) (23 March 2015) (Ruling)
✦ The court stays the execution of the orders for a year pending the appeal
-
Cepher Ondieki Rogena v Jane Njoroge & another [2015] KEELC 563 (KLR)
✦ The court grants a temporary injunction restraining the 1st defendant and her servants, agents, or anyone claiming under her on her behalf from selling, disposing, transferring, leasing, charging or in any manner entering into the land, remaining and utilizing the land pending the hearing and determination of the suit.
-
Mary Teresa Wachira v Embakasi Ranching Company Ltd & another [2015] KEELC 727 (KLR)
✦ Allowing the Application for temporary injunction, costs to be in the cause
-
Francis Karumwa Gathekia v Kahindo Kataliko Kamungele & another [2015] KEELC 585 (KLR)
✦ The Plaintiff has met the threshold for the grant of temporary and mandatory orders of injunction.
-
John Miriti Kiraithe v Kabubura Kibururu Muchiri [2015] KEELC 553 (KLR)
✦ The Court found that the Defendant did not have the capacity to sell the suit property as he had not yet purchased Mary Gathoni Karanja's portion of the land.
-
Moses Clement Muhia Njoroge & 2 others v Jane Waithera Lesaloi & 5 others [2015] KEELC 564 (KLR)
✦ The court declined to allow the application and made orders to maintain the status quo, direct the matter to proceed to hearing, and prohibit further developments or demolitions on the suit properties.
-
Milkah Wanjiku Ndung’u v Samuel Wachira Ndung’u & another [2015] KEELC 560 (KLR)
✦ The application is not merited, and the application is hereby dismissed.
-
Samson Chirume & 3 others v Joseph Sulubu [2015] KEELC 609 (KLR)
✦ The Appellants are not entitled to leave to appeal out of time and the application is dismissed.
-
Daniel Nzioka Makau v Syokimau Farm Limited & 4 others [2015] KEELC 581 (KLR)
✦ The Court dismissed the application for dismissal of the suit for want of prosecution.
-
Concepter Nafula Wamalwa & another v Diana Kapeen Kibor [2015] KEELC 578 (KLR)
✦ The Court granted the Plaintiffs' application for a temporary injunction.